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(3) If the owner and operator of the tank system are separate persons, either the owner or operator may designate the Class A, Class B, and Class C operators at the facility, but both the owner and the operator are under the same responsibility under this section to ensure that Class A, Class B, and Class C operators are designated.
History: CR 17-092: cr. Register October 2019 No. 766, eff. 11-1-19; (1) (title) repealed under s. 13.92 (4) (b) 2., Stats., Register October 2019 No. 766.
ATCP 93.830 Responsibilities of Class A, Class B, and Class C operators.
(1) Class A operators. Responsibilities of a Class A operator include all of the following:
(a) Compliance with tank system registration and permit to operate requirements.
(b) Managing resources and personnel, such as establishing work assignments, to achieve and maintain compliance with regulatory requirements.
(c) Ensuring that appropriate individuals do all of the following:
1. Properly operate and maintain the underground storage tank system.
2. Maintain appropriate records.
3. Receive training to operate and maintain the underground storage tank system and keep records.
4. Properly respond to emergencies or alarms relating to spills, leaks or releases from the underground storage tank system.
5. Make financial responsibility documents available to the authorized agent or the department as required.
(2) Class B operators. Responsibilities of a Class B operator include ensuring that all of the following occur:
(a) Requirements for leak or release detection methods, record keeping, and reporting are met.
(b) Requirements for leak or release prevention equipment, record keeping, and reporting are met.
(c) All relevant equipment complies with performance standards.
(cm) Monthly periodic inspections required under PEI RP 500 and RP 900 per ss. ATCP 93.500 (8) and ATCP 93.605 (1) are performed or reviewed monthly by a Class B operator.
(d) Appropriate individuals are trained to properly respond to emergencies or alarms relating to spills, leaks or releases from the underground storage tank system.
(e) All Class C operators are provided with training and written instructions that include all of the following:
1. Emergency response procedures, including all of the following:
a. Procedures for overfill protection during delivery of regulated substances.
b. Operation of emergency shut-off systems.
c. Appropriate responses to all alarms.
d. Reporting of leaks, spills and releases.
e. Any site-specific emergency procedures.
2. The name and other information needed for contacting appropriate parties if a leak, spill, release, or alarm occurs.
(f)
1. A Class C operator is present during all operating hours of the underground storage tank system, except as provided in subd. 2.
2.
a. For fueling facilities which are attended as specified in s. ATCP 93.605 (5) (a) and which include hours of operation when no attendant is on duty, a sign shall be posted in a conspicuous place, stating the emergency shutoff procedures and the name and telephone number of the Class B operator, along with the name and telephone number of the local emergency responders, including 911 personnel.
Note: Section ATCP 93.605 (5) (a) reads as follows: To be considered as being an attended fueling facility, there shall be at least one attendant regularly on duty on a daily basis, but not necessarily during all hours of operation, to supervise, observe, and control the actual dispensing of fuel.
b. For fueling facilities that are not attended as specified in s. ATCP 93.605 (5) (a), signage shall be posted in accordance with the location and information requirements in subd. 2. a.
c. For facilities which are not addressed in subd. 2. a. or b. and which typically are unmanned, such as emergency generators, signage shall be posted in accordance with the location and information requirements in subd. 2. a.
(3) Class C operators. Responsibilities of a Class C operator include all of the following:
(a) Initially responding to alarms, spills, leaks, or releases.
(b) Notifying the Class B or Class A operator and appropriate emergency responders, including 911 personnel, when necessary.
(c) Controlling or monitoring the dispensing or sale of regulated substances.
History: CR 17-092: cr. Register October 2019 No. 766, eff. 11-1-19.
ATCP 93.840 Training elements for Class A operators. Each Class A operator shall attend department-approved training in all of the following:
(1) Basic underground storage tank system requirements, so that the operator can make informed decisions regarding compliance and ensure appropriate individuals are fulfilling operation, maintenance, and record keeping requirements and standards of this chapter regarding all of the following:
(a) Spill prevention.
(b) Overfill prevention.
(c) Leak and release detection.
(d) Corrosion protection.
(e) Emergency response.
(f) Product compatibility.
(1m) Tank registration and permitting requirements.
(2) Financial responsibility documentation requirements.
(3) Notification requirements.
(4) Requirements for reporting obvious and suspected releases.
(5) Requirements for permanently closing a tank system and for placing a tank system temporarily out of service.
(6) Operator training requirements.
History: CR 17-092: cr. Register October 2019 No. 766, eff. 11-1-19.
ATCP 93.841 Training elements for Class B operators. Each Class B operator shall attend department-approved training in all of the following:
(1) Compared with training for a Class A operator, training for a Class B operator shall provide a more in-depth understanding of operation and maintenance aspects but may cover a more narrow breadth of applicable regulatory requirements. At a minimum, the department-approved training program shall teach the Class B operator, as applicable, about the purposes, methods, and function of:
(a) Components of underground storage tank systems.
(b) Materials of underground storage tank system components.
(c) Methods of leak and release detection, and leak and release prevention applied to underground storage tank system components.
(d) Operation and maintenance requirements of this chapter which apply to underground storage tank systems and which address each of the following:
1. Spill prevention.
2. Overfill prevention.
3. Leak and release detection.
4. Corrosion protection.
5. Emergency response.
6. Product compatibility.
7. Reporting and record keeping requirements.
8. Class C operator training requirements.
(2) Each Class B operator shall receive either of the following:
(a) Site-specific operator training that is focused only on regulatory requirements and equipment specific to the operator’s underground storage tank system facility.
(b) General training that encompasses all regulatory requirements and typical equipment used at UST facilities.
History: CR 17-092: cr. Register October 2019 No. 766, eff. 11-1-19.
ATCP 93.842 Training elements for Class C operators. Each Class C operator shall be trained by a Class A or Class B operator or complete department-approved training in all of the following:
(1) Each Class C operator shall be trained to take appropriate action in response to both of the following:
(a) Emergencies, including situations which pose an immediate danger or threat to the public or to the environment and which require immediate action.
(b) Alarms caused by spills, leaks or releases from an underground storage tank system.
(2) Each Class C operator shall be trained to understand the instructions specified in s. ATCP 93.830 (2) (e).
History: CR 17-092: cr. Register October 2019 No. 766, eff. 11-1-19.
ATCP 93.850 Acceptable training and certification processes.
(1) Operator training shall include evaluation and accreditation of the operator’s knowledge of the applicable requirements in ss. ATCP 93.840 to 93.842. Thirty days after November 1, 2019:
(a) Training.
1. Training must be approved in writing by the department.
2. Requests for training approval shall be submitted on a form, TR-WM-159, supplied by the department.
3. Requests for approval shall include sufficient information to determine if the training complies with this subsection.
4. The department shall review and make a determination on a request for approval within 21 calendar days of receipt of the request and information necessary to complete the review.
5. Training approval shall expire 3 years after the date of approval.
6. Training approval may be renewed. Renewal shall be in accordance with subds. 2. to 5.
7. The department may revoke the approval for any false statements, misrepresentation of facts, or violation of the conditions on which the approval was based.
(b) Attendance record.
1. The person who obtained approval shall maintain an attendance record for at least 3 years from the date of training.
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Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.